- 3 - In August 2002, Appeals Officer Judith Hornstein was assigned to petitioner’s collection case. Ms. Hornstein sent petitioner a letter scheduling a hearing for October 8, 2002. Petitioner did not attend the hearing. On October 8, 2002, Ms. Hornstein wrote to petitioner and again offered him the opportunity to meet with her. On October 9, 2002, petitioner wrote Ms. Hornstein that because issues of religion and conscience would not be considered at the hearing he saw no point in attending the hearing. On October 23, 2002, respondent issued petitioner a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 sustaining the proposed levy. In his petition, petitioner contended that the 10-year period of limitations for collection for 1988 and 1989 had expired and challenged the deficiencies and additions to tax for 1988 and 1989 on moral and religious grounds. OPINION Respondent concedes that petitioner did not receive the notices of deficiency for 1988 or 1989 and that he is entitled to contest the underlying tax liability for 1988 and 1989. Accordingly, we review petitioner’s underlying tax liability for 1988 and 1989. Goza v. Commissioner, 114 T.C. 176 (2000). If the underlying tax liability is properly at issue, we review that issue on a de novo basis. Sego v. Commissioner, 114 T.C. 604,Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011